Data-center law in Northwest Territories

S.N.W.T. 2011, c. 22, ss. 1, 12, 77, 78

Effective 2013-10-01 · Applies to both

Development means the carrying out of any construction, including the placement or movement of a building, any excavation or the deposit or movement of soil or other materials, or other related operations. On the adoption of a community plan, a municipal council may make a zoning bylaw respecting the use and development of land and buildings in the municipality. No person shall undertake or allow a development without a development permit required under a zoning bylaw.

A person who contravenes section 77 is guilty of an offence and, in the case of a corporation, is liable on summary conviction to a fine not exceeding $100,000 and to a further fine not exceeding $5,000 each day or part of a day during which the offence continues.

Source: Full text of law

SOR/98-429, ss. 2, 4, 5; S.C. 1998, c. 25, s. 92

Effective 1998-12-22 · Applies to both

The Regulations apply to all uses of land in the Mackenzie Valley, subject to their exceptions. No person shall, without a Type A permit, carry on an activity that involves, outside the boundaries of a local government, the use of a single container for the storage of petroleum fuel of a capacity equal to or exceeding 4 000 litres.

No person shall, without a Type A permit, carry on an activity that involves, within or outside the boundaries of a local government, the establishment of a petroleum fuel storage facility with a capacity equal to or exceeding 80 000 litres. No person shall, without a Type B permit, carry on an activity that involves, outside the boundaries of a local government, the construction of a building with a footprint of more than 100 square metres and a height of more than 5 metres.

Every person who contravenes a provision of the regulations, a condition of a permit or an order of an inspector is guilty of an offence and is liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both, for a first offence.

Source: Full text of law

S.N.W.T. 2014, c. 13, ss. 1, 6, 9

Effective 2014-04-01 · Applies to both

Territorial lands are lands, or any interest in lands, under the administration and control of the Commissioner of the Northwest Territories. The Commissioner in Executive Council may authorize the sale, lease, licensing or other disposition of territorial lands, and may make regulations authorizing the Minister to dispose of them subject to the limitations and conditions the Commissioner in Executive Council prescribes.

Not more than 160 acres of territorial lands may be sold to a person without the approval of the Commissioner in Executive Council. Subject to subsection (3), not more than 640 acres of territorial lands may be leased to a person without the approval of the Commissioner in Executive Council.

Source: Full text of law

S.C. 1998, c. 25, ss. 111, 124-126, 128

Effective 1998-12-22 · Applies to both

A development is any undertaking, or any part or extension of an undertaking, that is carried out on land or water. Where an application is made to a regulatory authority or designated regulatory agency for a licence, permit or other authorization required for the carrying out of a development, under a federal or territorial law specified in the regulations, the authority or agency shall notify the Review Board in writing and conduct a preliminary screening of the proposal.

A body that conducts a preliminary screening shall determine and report to the Review Board whether the development might have a significant adverse impact on the environment or might be a cause of public concern, and if so shall refer the proposal to the Review Board for an environmental assessment.

Where the body determines that the development will not have a significant adverse impact and will not be a cause of public concern, a regulatory authority shall not issue a licence, permit or other authorization for the development before the end of 10 days after the Review Board receives the report of the determination. The Review Board shall conduct an environmental assessment of a proposal that is referred to it following a preliminary screening.

Where the Review Board finds that the development is likely to have a significant adverse impact on the environment, it shall order an environmental impact review or recommend that approval be made subject to measures that prevent the impact.

Source: Full text of law

R.S.N.W.T. 1988, c. N-2, ss. 4, 5

Applies to government

A corporation called the Northwest Territories Power Corporation is established. It is an agent of the Government of the Northwest Territories. Its objects are to generate, transform, transmit, distribute, deliver, sell and supply energy on a safe, economic, efficient and reliable basis, to supply water and sewerage services and to undertake programs to conserve energy.

Its objects also include to ensure a continuous supply of energy adequate for the needs and future development of the Territories.

Source: Full text of law

R.S.N.W.T. 1988, c. 24 (Supp.), ss. 1, 41, 43, 54, 89

Applies to both

A public utility is a person who owns, operates, manages or controls in the Northwest Territories a system, equipment, works, plant or facilities for the supply and sale of energy directly to two or more persons or other entities capable of contracting to purchase energy, or to a customer or chain of customers who supply and sell energy to the public. The Board is the Public Utilities Board established by section 3.

A public utility that wishes to operate outside a municipality shall apply to the Minister. No public utility shall collect, charge or enforce rates other than the rates shown in the schedule it has filed and the Board has approved. A public utility shall apply to the Board for a project permit before undertaking a capital project whose total projected cost exceeds $5,000,000 or 10% of the utility's rate base.

Every person who contravenes the Act, a term or condition the Board attaches to a project permit or franchise approval, or an order, decision or rule of the Board is guilty of an offence and liable on summary conviction to a fine of not less than $200 and not exceeding $10,000, or, where the person is an individual, to imprisonment for a term not exceeding six months.

Source: Full text of law

S.C. 1998, c. 25, ss. 51, 72, 72.01

Effective 1998-12-22 · Applies to both

A federal area is any lands under the administration and control of a minister of the Government of Canada and any land on which is situated a waste site whose management, as defined in the Northwest Territories Lands and Resources Devolution Agreement, is the responsibility of the Government of Canada.

Subject to its exemptions, no person shall use, or permit the use of, waters in a federal area within a water management area except in accordance with the conditions of a licence, or as authorized by regulations. Except in accordance with the conditions of a licence or as authorized by regulations, and subject to the exception the section states, no person shall deposit or permit the deposit of waste in a federal area in any waters in a water management area. A licence, in a federal area, is a type A or type B licence issued by a board established under Part 3.

Source: Full text of law

S.N.W.T. 2014, c. 18, ss. 10, 11, 26, 70

Effective 2014-04-01 · Applies to both

Waters are water under the administration and control of the Commissioner of the Northwest Territories, whether in a liquid or frozen state, on or below the surface of land. Subject to its exemptions, no person shall use, or permit the use of, waters in a water management area except in accordance with the conditions of a licence or as authorized by regulations.

Except in accordance with the conditions of a licence or as authorized by regulations, and subject to the exception the section states, no person shall deposit or permit the deposit of waste in waters in a water management area, or in another place under conditions in which the waste may enter those waters. The Board may issue type A licences and type B licences under the criteria set out in the regulations.

Every person who contravenes the prohibition on using waters or depositing waste is guilty of an offence and is liable on summary conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both, for a first offence.

Source: Full text of law

R.S.N.W.T. 1988, c. F-6, ss. 21, 23

Applies to both

Where a code of rules or standards respecting a matter referred to in the Act has been established by an association, person or body of persons and is available in printed form, the Commissioner, on the recommendation of the Minister, may by regulation adopt the code as established or as amended from time to time. On adoption, the code is in force in the Northwest Territories, in whole or in part or with the variations the regulations specify.

Every owner, agent of an owner and occupant of a structure or premises who fails to comply with an order of the Fire Marshal, a Deputy Fire Marshal, an Assistant Fire Marshal or a local assistant is guilty of an offence and liable on summary conviction to a fine not exceeding $500 for each day of neglect or failure to comply with the order.

Source: Full text of law

R.S.N.W.T. 1988, c. E-7, ss. 1, 5, 12

Applies to both

A contaminant is any noise, heat, vibration or substance that, where discharged into the environment, endangers the health, safety or welfare of persons, interferes or is likely to interfere with normal enjoyment of life or property, endangers the health of animal life, or causes or is likely to cause damage to plant life or to property. The environment includes air, land and water and all layers of the atmosphere. A discharge includes any emitting or burning.

Subject to its exceptions, no person shall discharge or permit the discharge of a contaminant into the environment. Every person who contravenes that prohibition is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $300,000 or to imprisonment for a term not exceeding six months or to both for a first offence, and to a fine not exceeding $1,000,000 or to imprisonment for a term of less than two years or to both for each subsequent offence.

Source: Full text of law